Split between House, Senate GOP caucuses erupts

posted at 8:01 am on September 19, 2013 by Ed Morrissey

Tensions erupted yesterday evening between House and Senate Republicans over the strategy to attack ObamaCare during the budgetary process over the next few days in Congress. After John Boehner announced that the House would deliver a defunding CR to the Senate as advocates like Sens. Ted Cruz and Mike Lee had demanded for weeks, a few House members got annoyed when it appeared that Cruz and Lee made it sound as though they had shrugged off any hope of pushing it through. Rep. Sean Duffy took to social media to express his frustration with both (via David Freddoso):

What got Duffy — and his less-vocal House colleagues — so upset? Shortly after Boehner’s announcement, Ted Cruz released a statement that put the responsibility for forcing the Senate to adopt defunding on the House, rather than himself and his defunding allies in the upper chamber:

Cruz, a tea party favorite, is one of the most vocal proponents of defunding the Affordable Care Act, President Barack Obama’s health care reform law. He’s spent months championing the cause. But on Wednesday, as House Republican leaders unveiled their latest plan for sinking Obamacare — tying a measure to defund the law to a must-pass resolution that keeps the government running — Cruz thanked House Republicans for their fight, and said they’re on their own.

“[Democratic Senate Majority Leader] Harry Reid will no doubt try to strip the defund language from the continuing resolution, and right now he likely has the votes to do so,” Cruz said in a statement. “At that point, House Republicans must stand firm, hold their ground, and continue to listen to the American people.”

Aides to top Republicans in the House, where GOP leadership has already been struggling to keep the party together on the measure, were beside themselves. And once granted anonymity, they didn’t mince their words.

“We haven’t even taken up the bill and Ted Cruz is admitting defeat?” fumed one senior GOP aide. “Some people came here to govern and make things better for their constituents. Ted Cruz came here to throw bombs and fundraise off of attacks on fellow Republicans. He’s a joke, plain and simple.”

Another aide said Cruz’s comment “exposes how [Senate conservatives] have deliberately misled their constituents and the grassroots for eight weeks. This isn’t leadership, it’s hypocrisy.”

The unhappiness is understandable. But perhaps those Republicans now angry at Cruz should have listened to him more carefully all along. In his speeches promoting the defunding campaign, Cruz, a Harvard-educated lawyer, chose his words closely, not claiming that defunders had the votes to prevail but instead suggesting that they might somehow spur a popular uprising against Obamacare in which an enraged populace would pressure reluctant lawmakers to change their positions — and then vote to defund.

Cruz’s rhetorical strategy was on full display during a late August trip to New Hampshire, home to the nation’s first president primary of the 2016 race. In an appearance at a state GOP fundraiser, Cruz repeatedly said the Obamacare fight could not be won in Washington DC. “The only way we’re going to succeed in defunding Obamacare is if it comes from the American people,” he said. “This is not a strategy of trying to convince Washington, DC. It’s a strategy of empowering the American people.”

Cruz was saying, in an indirect but still clear way, that Senate Republicans did not have the votes to defund Obamacare. (I wrote this at the time; see here.) Cruz went on to outline a plan in which, if enough people signed a petition at the website dontfundit.com, and then got in touch with their senators and representatives to urge them to support defunding, public sentiment would force lawmakers who now oppose defunding to change their minds and support it. “The only way we’re going to succeed in defunding Obamacare is if it comes from the American people,” Cruz said.

The tactic would even work on Democrats, Cruz argued. “If you’re a Democrat, particularly in a red state, who’s up for election in 2014, and you start to hear from 5,000, and then 10,000, and then 20,000, and then 50,000 of your constituents, suddenly the calculus starts to seem very, very different,” Cruz told the New Hampshire audience.

There are two problems with that argument, though. The 2014 election is more than thirteen months away, and for Senators, the damage has been done with their votes to pass ObamaCare in 2010, not to block defunding now. The kind of groundswell that Cruz describes would take months to have the impact he desires, especially on Democrats, and it won’t have any at all on Barack Obama, who made it pretty clear in his first midterm that he’s not terribly interested in protecting members of his own party at the expense of his agenda.

This is even more of a futile gesture than that, however. Another problem is that defunding won’t stop the parts of ObamaCare from taking effect that Republicans most want to block, as I pointed out last week:

[Defunding] would create at least a de facto delay for a year for some of the ACA functions, but not all of them. Most of the funding for Obamacare comes from statutory spending and not budgetary spending, which takes the context out of the budget fight altogether. A recent Congressional Research Service analysis requested from Senator Tom Coburn (R-OK) showed that the IRS would still collect taxes, state and federal ACA exchanges would still operate, and most importantly, HHS would still fund subsidies for health insurance through them.

If the goal is to stop the subsidies, then the defunding strategy would not succeed, not unless its backers could get 60 votes in the Senate for a complete repeal of the entire ACA, along with Obama’s signature on it. That opportunity slipped away at the last election.

What about the delay strategy? Grassroots conservatives dislike this option as a kick-the-can-down-the-road strategy, but it has its advantages. First, a delay of the individual mandate and the ACA exchanges would actually achieve the goal of shutting down the subsidies, something that defunding won’t accomplish. Second, the Obama administration has provided ample precedent for delaying key parts of the ACA, both on its own and through Congress, complete with presidential signatures blessing them. Again on Senator Coburn’s request, the CRS detailed 19 instances in which the White House either approved Congressional delays on the ACA or instituted them administratively – most notoriously on the employer mandates and the insurer out-of-pocket caps, both of which cut against consumers while imposing a mandate to force them into the system anyway. …

While Obama would refuse to sign off on a repeal, the dichotomy of leaving consumers to twist in the wind while employers and insurers get valuable breaks might be enough for the White House to back down temporarily from this fight. After his Syria retreat, Obama has burned so much capital with fellow Democrats who publicly called for war just to see Obama back away that he may not have much choice but to let them off the hook with constituents angry over Obamacare.

Most of the rules and infrastructure required for the law are already in place — and a lot of the money has been spent. The administration has doled out its major regulations, distributed funding to states for setting up the exchanges, readied the data hub that will transmit subsidy and eligibility information and awarded grants to navigators, who could continue helping people enroll.

Major parts of the law — its Medicaid expansion and Medicare changes — wouldn’t be blocked under a shutdown, as they are mandatory spending. The subsidies to buy insurance in the health law are also mandatory spending — although not all of those are supposed to be paid out right away anyway. A shutdown affects only discretionary spending, the annual appropriations.

The law’s insurance market reforms requiring insurers to ignore pre-existing conditions and provide a robust set of health benefits wouldn’t be affected either. “Anything dealing with regulatory changes in the law will continue,” said the Bipartisan Policy Center’s Bill Hoagland, a veteran of the 1995 government shutdowns and a former Republican staff director of the Senate Budget Committee.

What will be more of a gray area are the furloughs for government workers that would be part of a shutdown or partial shutdown. The administration has some discretion here — and could keep workers on the job if they are implementing the law. Their pay may be from discretionary funds — but they are delivering a mandatory benefit.

Breaking on Hot Air

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

I’m not sold on the “defund” strategy, but I’m totally not persuaded by the lies and illogical arguments of the House GOP and their ilk. Ed offers a better argument, but my question is this: if “defunding” Obamacare doesn’t really do anything, why do the Democrats care?

Sounds like the beginning of an attempt to destroy Ted Cruz and Hot Air is along for the ride.

bgibbs1000 on September 19, 2013 at 11:28 AM

I’m thinkin’ the same. Seems to me that all Cruz did was express what a lot of us Cons think–despite what the House Repubs say, including Boehner’s comments about who Obumuh will and will not negotiate with, we wonder if they’ll grow a spine to take a stand and defend that stand, to do what’s right and do what the people want, instead of chickening out like they’re accusing Cruz of doing.

This article is not clear at all. It sounds like they are saying a shutdown won’t stop Obamacare but wouldn’t that depend entirely on what is in the bill which we are using a government shutdown as leverage to force through? It is not the shutdown itself we are after. Why could the bill not forbid any enforcement of the ACA or any expenditures on its behalf by the IRS etc…? The whole thing was passed as a reconciliation originally so surely whatever was done as a budget act can be undone as one.

I am a conservative. I am inclined to support Ted Cruz. But I he half heartedly fights for this House passed CR in the Senate, he will show himself to have the same approach to leadership as the current occupant of te White House!

He is all too willing I be a back bench rabble rouser, but given the opportunity to take the lead and own an initiative, he shrinks in fear. This is an important moment for Cruz. I want to see him show he is capable of leading on a difficult issue.

Republicans and Democrats (who care about America)…this thing needs to be defunded. The House (hopefully) will pass the CR without the funds for Obamacare. Any Republican that crosses the line can say goodbye to their job. That is how Conservatives…and now many others are seeing that this bill will bring down America. If Harry Reid wants to keep this God awful bill at the expense of shutting down the government…well so be it. If we do not defund Obamacare…THERE WILL BE NO GOVERNMENT…THERE WILL NOT BE A USA.

We will no longer go to the polls and hold our noses for your jobs that you seem incapable to perform. This country will be run by Democrats…and the future of the USA…look to those cities run by Democrats…Detroit…BROKE…Chicago…Murder Capital of the World, NYC…are there any rights left there? Any urban city is run by the Democratic Party and ALL of them are in financial trouble. So…Democrats that are still patriotic…vote to defund this things because it means your country.

Oh…btw…if we don’t go to the polls…they will take our wealth and then who will pay you…Bernanke’s fiat money?

More confirmation that Scott Walker is NOT A LIMITED GOVERNMENT CONSERVATIVE.

Wisconsin Gov. Scott Walker (R) has been an outspoken opponent of Obamacare, challenging its constitutionality in court and rejecting federal funds to expand Medicaid under the program. But that doesn’t mean he backs the current House GOP strategy to risk shutting down the government over the issue.

“The way to resolve this is through candidates making the case in the 2014 election,” he said. “They can make a case they’re going to come on in and put the power back in the hands of the people, not in the government. (HE KNOWS once the suckle on the new teat of the Federal sow starts you ain’t a pullin those piggies off)”

When the rubber meets the road and it’s time to do something but symbolism……the gop leadership caves (because they ARE WORSE THAN THE DEMOCRATS).

I’m thinkin’ the same. Seems to me that all Cruz did was express what a lot of us Cons think–despite what the House Repubs say, including Boehner’s comments about who Obumuh will and will not negotiate with, we wonder if they’ll grow a spine to take a stand and defend that stand, to do what’s right and do what the people want, instead of chickening out like they’re accusing Cruz of doing.

stukinIL4now on September 19, 2013 at 12:13 PM

That makes no sense, because the House has voted time and again to repeal and/or defund ObamaCare, just as they’re prepared to do again. They have taken a stand, multiple times…meanwhile, over in the Senate, nothing. A lot of talk, but…nothing.

the House has voted time and again to repeal and/or defund ObamaCare, just as they’re prepared to do again. They have taken a stand, multiple times…meanwhile, over in the Senate, nothing. A lot of talk, but…nothing.

changer1701 on September 19, 2013 at 1:09 PM

The House certainly has no problem taking meaningless stands against Obamacare – i.e., theatre to try and make people believe that they are against Obamacare. But, when it comes to actually doing anything about it, they do nothing. The Senate? Come on. That is a ridiculous argument. The GOP’s leverage is almost all in the House. The Senate GOP (well, some of it) will do what it can, but if the House doesn’t stand firm, it will all be for naught.

That makes no sense, because the House has voted time and again to repeal and/or defund ObamaCare, just as they’re prepared to do again. They have taken a stand, multiple times…meanwhile, over in the Senate, nothing. A lot of talk, but…nothing.

Just wait until all those folks without health care insurance start paying a fine come April 15, 2014.

GarandFan on September 19, 2013 at 11:08 AM

How will this help us, exactly? I’ve started arguing against the “Let’s REALLY make them suffer” crowd because we already have majority support for repeal. Suppose we “really make them suffer” for a year and our support goes from 55% to 65% in the polls? The public has ALREADY sided us. If anything the polls keep creeping upward in our favor.

We have the public support we need for these actions. The Republicans simply refuse to fight because they don’t want to, they like Obama and Obamacare, and they don’t like us.

Sounds like the beginning of an attempt to destroy Ted Cruz and Hot Air is along for the ride.

bgibbs1000 on September 19, 2013 at 11:28 AM

I don’t agree about “Hot Air,” but I do think this is the beginning of an internal war on Cruz. We’ve been seeing warning shots fired at Cruz in Politico and other media outlets for about two weeks now, and since he apparently hasn’t sat down and shut up, they’re going after him more directly now.

That makes no sense, because the House has voted time and again to repeal and/or defund ObamaCare, just as they’re prepared to do again. They have taken a stand, multiple times…meanwhile, over in the Senate, nothing. A lot of talk, but…nothing.

changer1701 on September 19, 2013 at 1:09 PM

We need more than symbolic/token votes that are clearly meant as base rabble rousing and appeasement. The current actions proposed by Cruz might actually force the Democrats to the bargaining table. Before people say “pish tosh,” note how quickly Obama crumbled in front of Putin.

And, I’m not even really supporting this “defund” plan, but the House GOP needs to do something. They’ve been in there since 2011 and haven’t done anything meaningful in 2 and a half years that comes close to a strategy for repealing or even slowing down Obamacare. Heck, Obama has done more to slow down Obamacare than the GOP has! The House GOP is about to hit zero credibility with regard to Obamacare.

That makes no sense, because the House has voted time and again to repeal and/or defund ObamaCare, just as they’re prepared to do again. They have taken a stand, multiple times…meanwhile, over in the Senate, nothing. A lot of talk, but…nothing.

changer1701 on September 19, 2013 at 1:09 PM

To the best of my memory the House under Boehner has never had any bill to defund Obamacare. Yes they have voted 40 times to repeal it, but that’s like a dog with no teeth.

There is no virtue in a vote that you know does nothing.

Now that Boehner has stated that they will vote on a CR with defunding of Obamacare in it, we’ll see what happens. Now it’s put up or shut time for the House.

These backbiters need to lay off Cruz & Lee. Ask the other Senators why they haven’t signed the letter to defund it. Better yet, ask McConnell who went around pressuring them not to sign it.

I don’t agree about “Hot Air,” but I do think this is the beginning of an internal war on Cruz. We’ve been seeing warning shots fired at Cruz in Politico and other media outlets for about two weeks now, and since he apparently hasn’t sat down and shut up, they’re going after him more directly now.

Republicans are throwing a fit because Cruz is actually making them do something.

tetriskid on September 19, 2013 at 1:36 PM

We saw these same temper tantrums from some of them after the gun vote. This is how they REALLY feel about us, folks. Get used to it.

As for me, I changed my registration right after 2012 to I. Romney was enough for me. I’m basically waiting for the Republicans to disintegrate Whig-style at this point and see if I can support what emerges from the rubble. Cruz and Lee seem to be good men, but they’re lone men against a tsunami of corruption.

Republican known RINO’s need the calls, we know them, they know who they are, just call them out, burn their phone lines down.

They will take the ones in D.C. off the hook and or put you on forever hold.

Call all,, ALL their local offices, in fact fax them as their local offices still accept faxes most of the time.

Find out the names of the people who work for them call them at home, if you know where they live drive by honk your car horn.

We know what the Democrats will do for the most part.

The red state D’s that have to run in 2014 are the ones to hamer the hardest, tell them you vote D, tell them the correct zip codes, get a name of a bussiness in their state and use it as who you are, full court press.

If we do not fight, how can Ted Cruz or Mike Lee or any one for that matter take on the whole of the Washington D.C. evil money cult and the msm commies at the same time.

It is a con, we are the long time marks, they expect U.S. to roll over like we have been for 50 years.

I’ve tried to give him the benefit of doubt..but it’s obvious, he wants book deals and tv slots
Redford on September 19, 2013 at 2:18 PM

Yes, sounds like you really “tried.” How long did you try? How long has he been at this? Where has he gotten in the time he’s had, virtually alone, against enormous odds? And look at all the book deals that have rolled in. Clearly they matter more to him than the fight. It’s so “obvious.”

Of course, it has NOTHING to do with why he ran and why he serves. Because, you know, because.

They (the Left) wants O-Care – Let them have it Good & Hard!
But, ban all exemptions as issued by HSS and OMB (especially those for Congress & Staff).
Let the full force of this folly fall on the intended victims – the taxpayer.

I’ve been on about 4-5 other sites:-) Hmmm, well you may be right.
Boehner has convinced the House members that if they vote to pass it, it will die in the Senate anyway. That way the House yes votes won’t hurt, but help them. A win/win for them.

And he’ll get the chance..hell, maybe Sen DeMint will hire him over at Heritage. Cruz is not interested in higher office…higher bank account and he’ll succeed

Redford on September 19, 2013 at 2:18 PM

You really need to do some research and then adjust your opinion.

Oh, Jim DeMint is pretty busy at Heritage. Following is a remark about Boehner bringing a vote to defund Obamacare in the CR:

This is a major victory for the Heritage Action PAC, the group led by former Sen. Jim DeMint, which has threatened to help unseat any Republican who votes for any bill that does not strip out new funding for ObamaCare.

But if Cruz and Lee can’t make defunding succeed now, then they’d better start thinking about a Plan B rather than push the responsibility onto the House to hold out for a stunt that doesn’t actually solve the core problem.

Wrong..Stunts work. The GOP has a real lack of theatrics that the Democrat party has a lot of. Low info voters never pay any attention unless some government policy impacts them, and ObamaCare will. Now is the time to win them over while they are paying attention.

Cruz has something that many of these people attacking him don’t have…the ability to become famous. While you are worried about the current battle, Cruz actually has a plan to fight a war, something most in our party have no clue on.

Cruz is a big league performer and these jealous role players and past their prime retreads need to stop complaining.

Wrong..Stunts work. The GOP has a real lack of theatrics that the Democrat party has a lot of. Low info voters never pay any attention unless some government policy impacts them, and ObamaCare will. Now is the time to win them over while they are paying attention.

Cruz has something that many of these people attacking him don’t have…the ability to become famous. While you are worried about the current battle, Cruz actually has a plan to fight a war, something most in our party have no clue on.

Cruz is a big league performer and these jealous role players and past their prime retreads need to stop complaining.

William Eaton on September 19, 2013 at 3:48 PM

Those of us of a certain age remember Rat Speaker Tip O’Neill would, upon receiving each of President Ronald Reagan’s budgets, bring in a gurney and a bunch of staffers in surgical scrubs to declare it dead on arrival.

Of course Cruz and Lee (and hopefully Rand, if his McConnell ‘deal permits) will FIGHT in the Senate for DEFUND – like they said on Hannity last night – they will fight with every breath in their bodies

they will ‘fight on the beaches, in the streets …’ etc etc

but the bottom line is this:

the pro-Obamacare Senators control the Senate

if they STRIP the defunding language, the HOR GOP MUST NOT BUDGE

Boehner must practise NOT BLINKING now, in front of a mirror

make Dingy and/or Barry shut the govt down

WE will win the messaging fight in the new/social media over the weakening old media – just like with the gungrab fight

The defund language won’t defund anything. Can’t you read? The funding is not part of the bill anyway. Not the funding that starts this year. It is already going to happen, no matter what Congress does.

The only thing that can stop it this year is a delay. And the President wants that too. So to defund… you delay. And then work on the public to pressure the Dems to repeal, or face an angry public in 2014… that strategy could work.

Defunding is just appeasement for the base to get re-elected. It does nothing real.

So… where exactly has this “split” erupted again? Are we just relying on Duffy’s stated frustration? Because I don’t see any reason for it. Cruz called on the House to vote to defund Obamacare, as it should. In the Senate, the chances of getting such a resolution to pass, at least initially, are small. The question then falls on the Senate as to whether or not the Democrats there are so slavishly devoted to the cult of Obama that they’re willing to shut down the government because they can’t get a program that the American people oppose.

The question to the Senate Democrats is this: do you serve Obama, or do you serve the people? And if you want to claim you serve the people, then why won’t you abide by the will of the people?

I’ve been on so many sites today and can’t recall if I posted this on this thread or not. If so, I apologize.

This is a major victory for the Heritage Action PAC, the group led by former Sen. Jim DeMint, which has threatened to help unseat any Republican who votes for any bill that does not strip out new funding for ObamaCare.

this may actually be the underlying intention …. to force the Status Quo Clingers out in the open, completely exposed for Primary Target season

cleaning ‘House’ … so to speak

exodus2011 on September 19, 2013 at 5:01 PM

That is certainly needed. With Reid in the Senate, we may not be able to get those on record since the chances of him bringing any CR with defunding of O’care up for a vote is slim to none.

However, we know how those 14, 15 or sometime 16 Senators voted on other bills already. I don’t know how many are up for re-election but I have the info. I’m sure you know which D & R Senators are up anyway; if not I think I posted that list.

Tea Party Patriots just sent me this list of “35 Dems who voted to delay the Employer mandate and/or the Individual mandate. These Democrats have admitted that Obamacare is not ready – so it should be a no-brainer for them to support this Continuing Resolution.” These are phone numbers, I got their faxes from http://www.contactingthecongress.org/ and am sending every one of them my input. Time to stand up and be heard, ya’ll.

Typical! Conservatives fighting each other instead of uniting against the enemy.Cruz never said he wouldn’t fight ,he merely pointed out the obvious.Now he and Lee are talking about a filibuster.Happy now you House ingrates.Cruz has been the main guy out front fighting for this so just STFU!

Thanks. I haven’t checked that site in awhile. The last time I checked they had Enzi of Wyoming as not on board, but he was. Cornyn had signed Mike Lee’s letter, but McConnell put pressure on him and he removed it.

‘Even [New England Patriots head coach Bill] Belichick doesn’t script out the whole game. We’re closer to home. [Ohio State University head football coach] Urban Meyer doesn’t script out every play.

LOL, Jordan is a great Rep and a very hard worker & Conservative as they come! He was the Chair of the Republican Study Committee for quite some time & bumped heads with Boehner over the CCB(Cut/Cap/Balance) Now someone else holds that position.

It certainly didn’t take long for the GOPe spines to turn to jelly. This fight won’t be over for many months.

Maybe the GOPe are disappointed they didn’t get a chance to make the USA al Qaeda’s Air Force?

The only viable third party remains the TEA Party which elects representatives instead of Obama spittle lickers. Honestly, if it weren’t for the TEA Party representatives there would be no difference between the Democrats and the Republicans today.

For those complaining here, what have YOU DONE lately to support efforts to defund Democrat Care? IMHO, the lethargic have no right to complain when they won’t do a single thing to fight for their own freedoms.

If I have any info on whether they trash faxes or emails, I’ll post it on this thread. I’ve made friends with a couple of my States Reps, so that will help.bluefox on September 19, 2013 at 9:28 PM

I contacted both of my U.S. Senators office and U.S. Congressman’s
and they all said that is not true. All faxes & emails are counted and entered into their system. This is true for all District Offices as well and they are forwarded to the D.C. office.

If the Senate GOP does NOT standup and tell this man/child president NO! i’m so done with this party.
If they become wet, limp noodles again

mmcnamer1 on September 20, 2013 at 8:13 PM

It’s going to be difficult for the R’s since Reid is the leader and the Dems have the numbers. But I agree that the R’s need to stick together and not vote with the Dems as about 15 have done in the past. Those are the ones that need their phones melted & also the Dems that are up for re-election.

Anyone who supports a “Third Party” is Actually A Supporter of Obama and The Democrats……

It’s Mathematics……..

So – Thanks for revealing who and what you are:

An OBAMA Supporter……

williamg on September 19, 2013 at 10:05 PM

And thank you for being so smart as to divine from my comment that I am an Obama supporter. But your smartness is soooo 2012. The calculus has changed. (I take it you still have faith in the GOP. Correct? You can’t wait for another candidate like Dole or McCain. Correct?)